Smt. Kalawati Devi vs The Union Of India on 27 April, 2026

    0
    31
    ADVERTISEMENT

    Jharkhand High Court

    Smt. Kalawati Devi vs The Union Of India on 27 April, 2026

    Author: Rajesh Shankar

    Bench: Rajesh Shankar

                                                               2026:JHHC:12268-DB
    
    
    
    
               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             W.P. (C) No. 5674 of 2025
        Smt. Kalawati Devi, W/o Late Dipti Singh, R/o Dwarika Puri, Power
        House, Road No. 3, Chutia, P.O. & P.S.-Chutia, District-Ranchi
                                                              ..... Petitioner
                                       Versus
    1. The Union of India, through Chairman-cum-Chief Executive Officer,
        New Delhi
    2. The General Manager, South Eastern Railway, Kolkata (West
        Bengal)
    3. The Chief Commercial Manager, South Eastern Railway, Kolkata
        (West Bengal)
    4. The Chief Commercial Manager (Catering & P.S.), South Eastern
        Railway, Kolkata (West Bengal)
    5. The Divisional Railway Manager, South Eastern Railway, Ranchi
        Division, Ranchi (Jharkhand)
    6. The Senior Divisional Commercial Manager, South Eastern Railway,
        Ranchi Division, Ranchi (Jharkhand)
    7. The Assistant Commercial Manager, South Eastern Railway, Ranchi
        Division, Ranchi (Jharkhand)                      ..... Respondents
                                          With
                             Cont. Case (Civil) No. 11 of 2026
        Smt. Kalawati Devi, W/o Late Dipti Singh, R/o Dwarika Puri, Power
        House, Road No. 3, Chutia, P.O. & P.S.-Chutia, District-Ranchi
                                                           ..... Petitioner
                                       Versus
    1. Mr. Satish Kumar, Chairman and C.E.O., Railway Board, Ministry of
        Railway, Government of India, New Delhi
    2. Mr. Anil Kumar Mishra, General Manager, South Eastern Railway,
        Kolkata (West Bengal)
    3. Mr. Arvind Singh, Chief Commercial Manager, S.E. Railway, Kolkata
        (West Bengal)
    4. Mr. Upendra Singh, Chief Commercial Manager (Catering & PS),
        South Eastern Railway, Kolkata (West Bengal)
    5. Mr. Arjun Mazumdar, Deputy Chief Commercial Manager (PS,
        Catering or Spl), South Eastern Railway, Kolkata (West Bengal)
    6. Mrs. Suchi Singh, Senior Divisional Commercial Manager, South
        Eastern Railway, Ranchi Division, Ranchi
    7. Mrs. Karuna Nidhi Singh, Divisional Railway Manager, South Eastern
        Railway, Ranchi
    8. Mr. Anil Jerai, Assistant Commercial Manager, (FM & PS), South
        Eastern Railway, Ranchi
    9. Union of India
    10. The State of Jharkhand
                                                          ..... Opp. Parties
                                         -----
    

    CORAM
    HON’BLE THE CHIEF JUSTICE
    HON’BLE MR. JUSTICE RAJESH SHANKAR

    —–

    SPONSORED
    
    
    
                                             1
                                                                            2026:JHHC:12268-DB
    
    
    
    
                For the Petitioner:           Dr. A.K. Singh, Advocate
                                                                   [in both cases]
                For the Respondents:          Mr. Prashant Pallav, A.S.G.I.
                                              Ms. Shivani Jaluka, A.C. to A.S.G.I.
                                                                   [in both cases]
                                                    -----
    07/27.04.2026
    
                W.P. (C) No. 5674 of 2025:
    
           1.   Heard learned counsel for the parties.
    
    

    2. With the consent and at the request of learned counsel for the

    parties, this petition is heard finally.

    3. The petitioner, who is 76 years old widow, seeks the quashing of

    termination order dated 11.06.2025 of the license to operate a stall

    on the railway platform at Ranchi Railway Station and for further

    direction to renew her license in terms of Circular No. 35 of 2010

    and the decision of the Hon’ble Supreme Court rendered in the

    case of Senior Divisional Commercial Manager & Others vs.

    S.C.R. Caterers reported in (2016) 3 SCC 582.

    4. The record indicates that the petitioner’s husband was a licensee in

    respect of the small food stall at the Ranchi Railway Station

    platform since 1994. However, he expired in 2000. After that, the

    license was issued/transferred to the petitioner being a widow of

    the deceased licensee. This license was renewed from time to time

    i.e., in 2002, 2007 and 2012 as per the applicable catering policies.

    5. On 17.07.2015, however, the petitioner was directed to vacate the

    food stall and pursuant to this letter, on 21.07.2015, the

    petitioner’s stall and the petitioner were physically removed from

    the platform.

    6. The petitioner filed a petition before this Court which was disposed

    of with a direction to consider the petitioner’s representation. Since

    the petitioner’s representation was rejected on 12.06.2024, the

    2
    2026:JHHC:12268-DB

    petitioner was forced to file yet another petition i.e., W.P. (C) No.

    3905 of 2024.

    7. In this petition, the order dated 12.06.2024 was set aside, and

    directions were issued to the respondents to consider the

    petitioner’s application for renewal of the license. Pursuant to this

    Court’s order, the respondents renewed the petitioner’s license on

    14.10.2024 for a period of three years with certain conditions,

    including payment of the earlier dues.

    8. Following this renewal, the petitioner was restored to the railway

    platform, where she, assisted by her daughter, resumed her petty

    business. However, such restoration was short-lived because, by

    the impugned communication dated 11.06.2025, the renewed

    license was terminated, invoking Article 15 of the Master License

    Agreement.

    9. It is this communication dated 11.06.2025 that the petitioner

    challenges in this petition. The petitioner also seeks relief of further

    renewal under the 2010 Policy, read with the decision of the

    Hon’ble Supreme Court referred to above.

    10. Dr. A.K. Singh, learned counsel for the petitioner, submitted that

    the impugned termination communication dated 11.06.2025 is

    ex facie, arbitrary, illegal and in violation of the principles of natural

    justice and unfair play. He pointed out that the allegations of failure

    to provide satisfactory services or of non-adherence to the required

    performance level were entirely vague, and, based on such

    allegations, a widow could not have been ousted from the railway

    platform. He submitted that such ouster is contrary to the law laid

    down by the Hon’ble Supreme Court in the case of S.C.R.

    Caterers (supra).

    3

    2026:JHHC:12268-DB

    11. Dr A K Singh submitted that all dues were paid; therefore, there

    was no question of imposing any penalties. He also submitted that

    for the period between 2015 and 2024, the petitioner was illegally

    deprived of her place on the railway platform. He therefore

    wondered how, during this period, any dues would be payable to

    the railway authorities.

    12. Dr A K Singh, on instructions, and strictly under protest or without

    prejudice, submitted that the alleged dues reflected in the

    communication dated 20.05.2025 (Annexure-24), amounting to Rs.

    1,35,359/-, would be paid by the petitioner, because the petitioner

    is finding it extremely difficult to sustain herself and provide a

    livelihood for her family. He, however, submitted that liberty may

    be granted to the petitioner to represent to the respondents for the

    refund of this amount or at least a substantial portion of this

    amount because, according to the petitioner, this amount is not

    due and payable.

    13. Dr A K Singh submitted that since no dues were payable, penalties

    should not have been imposed upon the petitioner for the alleged

    non-payment of such dues. He also submitted that the 2010 Policy

    specifically allows inclusion of her daughter’s name when renewing

    the license. He submitted that an appropriate direction in this

    regard is also liable to be issued to the respondents.

    14. Mr Prashant Pallav, learned A.S.G.I., submitted that the impugned

    termination letter dated 11.06.2025 was strictly in accordance with

    Article 15 of the Master License Agreement. He pointed out that

    there was full compliance with the principles of natural justice,

    inasmuch as on three separate occasions the petitioner was

    counselled to amend/set right the deficiencies pointed out. Despite

    assurances, there was no improvement in the petitioner’s services.
    4

    2026:JHHC:12268-DB

    He submitted that this is validated by the inspection reports

    submitted from time to time.

    15. Mr Prashant Pallav submitted that in terms of the Master License

    Agreement, fines were imposed in a phased manner, i.e., Rs. 500/-

    in the first instance, Rs. 1000/- in the next, Rs. 5,000/- in the third

    and Rs. 50,000/- in the fourth. However, the petitioner did not

    bother to even pay the fines or improve her services. Mr Prashant

    Pallav submitted that the impugned termination letter was issued

    only in the above circumstances. He reiterated that there was

    neither any failure of natural justice nor any breach of the

    contractual provisions.

    16. Mr Prashant Pallav referred to the detailed averments in the

    counter affidavit filed on behalf of the respondents and also

    pointed out paragraph No. 106 of the petitioner’s rejoinder, in

    which these detailed averments were not countered. He submitted

    that a vague allegation about the termination letter being whimsical

    and arbitrary cannot be treated as a denial or in any event,

    constitutes an evasive denial which is not a denial in terms of the

    law. In any event, he submitted that there were documents/records

    regarding the counselling, warnings and fines imposed upon the

    petitioner.

    17. For all the above reasons, Mr. Prashant Pallav, learned A.S.G.I.,

    submitted that this petition may be dismissed. He also submitted

    that there is no policy for including her daughter’s name while the

    original licensee is still living.

    18. The rival contentions now fall for our determination.

    19. As noted earlier, this is not a case of some fresh license issued to

    the petitioner, who is admittedly a widow of the earlier licensee, to

    operate a food stall at the railway platform. Her husband operated
    5
    2026:JHHC:12268-DB

    this food stall under a license from the respondents from 1994 to

    2000. Upon his demise, the license was transferred/granted to the

    petitioner herein.

    20. The record also shows that the petitioner has operated the stall

    from 2000 to 2015 without any interruption and based upon the

    periodic renewals in terms of the railways’ catering policy as

    applicable from time to time.

    21. In 2015, the petitioner was removed from the platform. From the

    documents regarding such renewal, we find that the same was

    quite unfair and not in accordance with the legal procedures. At

    least the documents on record do not show why the petitioner was

    summarily removed from the platform. There is no record of any

    compliance with principles of natural justice and fair play before

    such removal.

    22. The petitioner was forced to file at least two writ petitions before

    this Court seeking redress for her removal from the platform

    despite having a valid license to operate the food stall. The

    petitioner pointed out that relief was granted in similar

    circumstances to those of certain others. These writ petitions were

    disposed of mainly by directing the respondents to consider the

    petitioner’s representation. On the first occasion, the representation

    was rejected. However, after the rejection was set aside by this

    Court, the railways, by their communication dated 14.10.2024,

    renewed the petitioner’s license and permitted her to operate a

    food stall on the railway platform.

    23. Even before a year had expired, however, the impugned

    termination letter dated 11.06.2025 terminated this renewed

    license. The impugned communication refers to four reasons:

    a. Continuous failure to provide satisfactory services;
    6

    2026:JHHC:12268-DB

    b. Non-adherence to the required performance level;

    c. Non-submission of Railway dues for the previous

    contract period; and

    d. Failure to pay the imposed penalties despite a series of

    reminders.

    24. As for the first two reasons, at least in the facts of this case, we

    believe they are quite vague. Although there is reference to

    counselling and warnings, the petitioner, at least in the facts of this

    case, was entitled to be informed why, according to the

    respondents, the services she provided were unsatisfactory or not

    in accordance with the licence conditions. Similarly, the petitioner

    was entitled to be apprised of the so-called performance levels

    expected of her, and only if there was material showing that she

    failed to achieve such levels despite being apprised of them could

    any action have been considered. There is no such clear material

    on record.

    25. Besides, the railways had to appreciate that the petitioner was a

    widow, who, along with her daughter, was struggling to make a

    living. Therefore, it is merely alleged that the services provided by

    her were unsatisfactory or that she had not attained the prescribed

    performance level, reasons which cannot be very easily accepted.

    We feel that, based upon such vague reasons, the railway

    authorities, who were expected to be quite sensitive and conscious

    of the social and ground realities, could not have taken the harsh

    action of terminating the renewed license within hardly a year of its

    renewal, for which the petitioner, a widow over 70 years, was

    forced to litigate for almost a decade.

    26. This is more so because the petitioner, a widow, was arbitrarily

    removed from the railway platform in 2015, and after a struggle
    7
    2026:JHHC:12268-DB

    involving the institution of no less than two writ petitions and

    several representations, she could secure a renewal on 14.10.2024

    through the intervention of the Court. This, almost heroic success,

    which the widow petitioner achieved through a long legal battle,

    should not have been eclipsed in a summary manner within hardly

    a year from the date of the renewal.

    27. The other two reasons set out in the impugned communication

    terminating the petitioner’s license concern the non-submission of

    railway dues and failure to pay the imposed penalties. The

    petitioner consistently pointed out that, from 2015 onwards, she

    was not even at the railway platform, due to her arbitrary ouster.

    She contended that for the period between 14.10.2024 and

    11.06.2025, there was no question of the dues amounting to Rs.

    1,35,359/- as demanded in the communication dated 20.05.2025.

    She contended that, for the period when she was ousted, it would

    be unfair to require her to pay any water charges or electricity

    charges of Rs. 8,570.40/- and Rs. 58,563/-, respectively. She

    pointed out that she was regularly paying the license fees. Even the

    document dated 20.05.2025 acknowledges that the petitioner’s

    license fees were nil.

    28. The impugned termination communication dated 11.06.2025 does

    not even take into consideration the petitioner’s defences. Instead,

    based on alleged non-payment of dues for the “previous contract

    period” and failure to pay the imposed penalties, the impugned

    communication was issued.

    29. We agree with Dr A.K. Singh, learned counsel for the petitioner,

    that the entire approach of the respondents in this matter is not

    quite consistent with the law laid down by the Hon’ble Supreme

    Court in the case of S.C.R. Caterers (supra).

    8

    2026:JHHC:12268-DB

    30. In the said decision, the Hon’ble Supreme Court, after referring to

    Articles 14, 38 & 39 of the Constitution, in the precise context of

    the railway circular and the railways’ policies for grant and renewal

    of licenses to petty businesses on the railway platforms. The

    Hon’ble Supreme Court, being entrusted with the task of being the

    counter-majoritarian institution, is duty-bound to ensure that the

    rights of the downtrodden minorities and the members of the

    weaker sections of society are not trampled upon. The Hon’ble

    Supreme Court noted that the policy of not renewing the licenses of

    those persons who are completely dependent on self-earning from

    the small units and making them participate in public competition is

    absolutely unfair, unreasonable and arbitrary. The chances of such

    persons being deprived of their right to livelihood is also an

    important factor which has to be taken into consideration by the

    Court to interpret the policy framed by the railways. A careless

    attitude as far as the inaction on the part of the State in tackling

    the problem of rising unemployment is appalling. The situation is

    made worse by handing over of public functions to private

    entrepreneurs, which then exploit the policies of the government

    against the poor and downtrodden people of the country. If the

    railways, under the guise of the policy, are permitted to deny

    renewal of licenses in favour of the licensees, it would amount to

    deprivation of their right to freedom of occupation guaranteed

    under Article 19(1)(g) of the Constitution as well as the right to

    livelihood, which action of the railways, would be dramatically

    opposed to their constitutional duty towards social justice as well as

    uplifting the weaker sections of the society and unemployed youth

    of this country.

    9

    2026:JHHC:12268-DB

    31. The Hon’ble Supreme Court, in the above decision, noted that the

    evolving concept of social justice has to be kept in view and the

    licensees must be allowed to continue their petty businesses,

    especially in the absence of the employment potentiality in the

    country on account of non-governance and non-implementation of

    the constitutional philosophy of any egalitarian society, which

    provide the opportunity to all individuals to lead life of dignity. The

    Court noted that the right to life with dignity has been interpreted

    as part of the right to life in the case of Francis Coralie Mullin vs

    Administrator, Union Territory of Delhi and Ors., reported in

    (1981) 1 SCC 608.

    32. Finally, the Hon’ble Supreme Court held that the provisions of the

    Catering Policy, 2010, are applicable to the concerned respondents.

    The action of the railways in not granting renewals of the licenses

    to the members of the respondent association is arbitrary,

    unreasonable, unfair, and discriminatory, and cannot be allowed to

    stand in law. Accordingly, directions were given for renewal,

    subject to the licenses declaring, on affidavit, that they do not have

    a license for more than one shop or kiosk in their name or a

    benami license at the railway stations, and that they would be

    ready and willing to pay the periodical reasonable increase in the

    license fee.

    33. In this case, no doubt, the railways, pursuant to the orders of this

    Court, did renew the petitioner’s license on 14.10.2024. However,

    as noted earlier, this renewal was short-lived, and, for reasons we

    do not comprehend, given the provisions of the master agreement,

    the railway’s own policies, and the observations of the Hon’ble

    Supreme Court in the case of S.C.R. Caterers (supra), the

    10
    2026:JHHC:12268-DB

    license was terminated. Such termination, therefore, warrant

    interfere and is hereby quashed and set aside.

    34. The renewal dated 14.10.2024 entitled the petitioner to operate the

    food stall for a period of three years. Consequently, upon setting

    aside the impugned termination, the licence would stand restored

    on the same terms and conditions. As for further renewals, that is

    not an issue before us in this petition. We hope and expect that the

    issue of further renewals would be considered in accordance with

    the law, applicable policies, and the decision of the Hon’ble

    Supreme Court on this issue.

    35. However, the restoration shall be subject to the petitioner filing on

    affidavit a declaration that she does not have a license of more

    than one stall or kiosk in her name or that the benefit of this

    particular license will be personal to her and that she will not allow

    any other person to operate this stall benami or by way of sub-

    licensee, etc. The Railway authorities must, however, appreciate

    that the petitioner is about 76 years old. She is, therefore, naturally

    assisted by her daughter and family members. That cannot be

    regarded as some benami or transfer. Such an affidavit must be

    filed within two weeks from today.

    36. The statement made on behalf of the petitioner that she will pay

    without prejudice a sum of Rs. 1,35,359/- in terms of the demand

    dated 20.05.2025 is accepted.

    37. Dr A K Singh, based on instructions from the petitioner’s daughter,

    who is present in the Court, submits that such amount would be

    paid without prejudice and under protest within two weeks from

    today.

    38. The petitioner is granted liberty to file a representation before the

    concerned respondents for refund of the amount of Rs. 1,35,359/-,
    11
    2026:JHHC:12268-DB

    which the petitioner is now paying under protest and without

    prejudice. In the same representation, the petitioner may also

    renew her prayer for inclusion of her daughter’s name in the

    license. The petitioner is also entitled to raise any further grievance

    regards reduction of area if any etc. We direct the respondent to

    consider and dispose of the petitioner’s representation in

    accordance with the law and the relevant policies, on its own

    merits, as expeditiously as possible and, in any event, within three

    months of receipt.

    39. Upon the petitioner paying the aforesaid amount under protest

    without prejudice and filing an affidavit as directed above within

    two weeks from today, the concerned respondents must

    immediately restore the petitioner to the railway platform so that

    she can commence her petty business under the license dated

    14.10.2024. No other conditions, other than those in the licence

    dated 14.10 2024, should be imposed upon the petitioner at the

    stage of restoration.

    40. The present writ petition is, accordingly, allowed in the above

    terms without any order for costs.

    41. All concerned must act on an authenticated copy of this order.

    Cont. Case (Civil) No. 11 of 2026:

    42. This contempt petition alleges that, despite the status quo order,

    the railways proceeded to float a fresh tender.

    43. The respondents’ case is that the tender was published before the

    interim order could be communicated to them. The records show

    that ultimately, the tender was not pursued.

    44. We have already allowed the writ petition and directed the railways

    to restore the petitioner, a 76-year-old widow who is assisted by

    her daughter in carrying on her petty business at the railway
    12
    2026:JHHC:12268-DB

    station, to the railway platform so that she can carry out her petty

    business at the railway station.

    45. Cumulatively considering the above aspects, there is no case to

    proceed with this contempt petition.

    46. The contempt petition is, accordingly, disposed of, and the notice

    issued therein is dropped.

    (M. S. SONAK, C.J.)

    (RAJESH SHANKAR, J.)
    27.04.2026
    Vikas/Vedanti

    13



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here